Beason v. State
Supreme Court of Alabama
From the Circuit Court of Marshall. Tried before the Hon. Leroy F. Box. The indictment in this case was found at the April term of said court, 1882, and contained two counts; the first charging, that the defendant, Andrew Beason, “before the finding of this indictment, forcibly ravished Yirginia Beard, a female;” and the second, that he “ did carnally know, or abuse in the attempt to carnally know, Yirginia Beard, a female under the age of ten years:” On his trial, having…
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From the Circuit Court of Marshall. Tried before the Hon. Leroy F. Box. The indictment in this case was found at the April term of said court, 1882, and contained two counts; the first charging, that the defendant, Andrew Beason, “before the finding of this indictment, forcibly ravished Yirginia Beard, a female;” and the second, that he “ did carnally know, or abuse in the attempt to carnally know, Yirginia Beard, a female under the age of ten years:” On his trial, having been duly arraigned, the defendant moved to quash the indictment, “ because it was vague and indefinite, and charged…
1Opinion of the CourtBkickell, C. J.
Each count of the indictment is in the form prescribed by the Code; the first charging the offense of r.ape, and the second that of carnal knowledge of a female child „ under ten years of age, or, in the alternative, the abuse of such child in the attempt to have carnal knowledge of her. Code, §§ 4304, 4306; Forms 1 and 8, p. 992. The offenses are of the same character, and subject to the same punishment; and they may be joined, in different counts, in the same indictment. The motion to quash, and the demurrer to the indictment, were properly overruled. Nor was there any ground for compelling…
2Cases cited5 opinions
- Bales v. StateSupreme Court of Alabama · 1879
- Dawkins v. StateSupreme Court of Alabama · 1877
- Carter v. StateSupreme Court of Alabama · 1879
- Wade v. StateSupreme Court of Alabama · 1874
- Carson v. StateSupreme Court of Alabama · 1874
3Cited by21 opinions
- Jones v. StateSupreme Court of Alabama · 1913
- Noble v. StateSupreme Court of Alabama · 1950
- State v. KingSupreme Court of Iowa · 1902
- Daughdrill v. StateSupreme Court of Alabama · 1896
- McGuff v. StateSupreme Court of Alabama · 1889
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